Enforcement Directorate to initiate action if Lalit Modi defaults
Brushing aside the contention of Lalit Modi’s legal aides of not having received its summons, the Enforcement Directorate (ED) would seek issuance of an arrest warrant against him if he fails to honour the summons for questioning in a money-laundering case.india Updated: Jul 19, 2015 07:43 IST
Brushing aside the contention of Lalit Modi’s legal aides of not having received its summons, the Enforcement Directorate (ED) would seek issuance of an arrest warrant against him if he fails to honour the summons for questioning in a money-laundering case.
ED’s Mumbai unit had issued Modi the summons, through an email in the first week of July, to present himself before it to seek replies in the Prevention of Money Laundering Act (PMLA).
The summons were given to a member of Modi’s legal team for compliance but it was returned on grounds that he was not authorised to receive it. Modi also made a similar claim through a tweet on July 6. “I have received no summons. They know where I live in London. Awaiting the same,” he had tweeted.
A few days later, the summons was emailed. A member of Modi’s legal team, however, told HT that he was yet to receive it.
When asked about this claim, a government source familiar with the ED probe said, “Legally, the ED has served the summons to him. The due processes of law, whatever they are, will take place after this.”
The source said, “Any failure to honour the summons could lead to further action, there are provisions in law for this. Among the fallouts could be issuance of an arrest warrant or approaching Interpol for a Red Corner Notice.” ED had sent the summons to an email account belonging to Modi.
Advocate Karan Singh said: “If the email id of the person concerned is available with the court, he/she can be served summons through email. While issuing summons, courts generally order that it can be served though registered post, courier or email.”
Despite attempts, Modi’s legal counsel Mehmood Abdi could not be reached for a reaction. Modi’s lawyers are a part of the adjudication proceedings in the case. Denying the allegations, Modi had said that Section 42 of the Foreign Exchange Management Act, which governs forex violations by companies, does not apply to the Board of Control for Cricket in India (BCCI) as it is a society of associations and not a company.